Water Wars and Water Rights

Recent Changes Create New Opportunities

Now it is possible to own and permanently preserve flowing water for fish and wildlife. Additions to the California Water Code, specifically Section 1707, establish the right to reserve water for "the purposes of preserving or enhancing wetlands habitat, fish and wildlife resources, or recreation in, or on, the water." Another important step in this process has been litigation confirming that the public owns the rights to water that accrues from the expenditure of public works funds, including the dams and canals used to transport it.

This accumulating body of judicial law confirms that the public owns water rights. With land, an individual owns a physical parcel and has title to it. The water user, however, is a user with no real ownership. Over a century of misunderstanding of what it means to hold water rights has led to bullying, conflict, anger and confusion whenever alternative uses of water are proposed.

Using water transfers, WHT can work with concerned holders of senior water rights to acquire, lease, or accept water rights as a donation. In return they can enjoy the personal satisfaction of knowing that they have helped to guarantee the flow of safe, clean water through the wild forever. In addition, financial benefits may be available to water rights holders, and well as favorable tax positions if they choose to donate all or a portion of their water rights to WHT.

Federal and state agencies have been given mandates to step into the water wars to speak for the water rights of fish and wildlife. A federally-funded $50 million allotment for water acquisition and a similar allotment being developed by Cal-Fed has finally made available the financial resources to allow the fish and wildlife to compete with Los Angeles for water.

WHT will help to keep water near its source and for what nature intended-to refresh, renew and replenish the watershed through which it flows.